Court : Karnataka
Reported in : (2005)IIILLJ804Kant
..... not examined, the petitioner had no opportunity to cross-examine the said person and therefore the disciplinary authority could not have acted on the said report, which factor also had been ignored by the labour court while holding that the misconduct is proved.v) lastly, he submitted that even if it is held that the finding recorded by a criminal court is not binding in a domestic enquiry, the factum of acquittal is certainly a factor to be taken note of by the ..... the witnesses on behalf of the respondent in examination-in-chief; he has marked the documents on behalf of the respondent and therefore, the entire enquiry conducted by him is vitiated on account of bias and therefore, the finding recorded by the labour court that the domestic enquiry was valid and proper is vitiated.ii) the complainant on whose complaint the charge sheet was issued to the petitioner was not examined, which is fatal to the entire enquiry and ..... .iii) on the same set of charges the criminal prosecution had also been launched against the petitioner where he has been honourably acquitted and therefore in view of the settled legal position the labour court ought to have quashed the entire enquiry and the report as it was contrary to the findings recorded by the criminal court.iv) the disputed handwriting and the signature were referred to the forensic examination and .....
Tag this Judgment!Court : Karnataka
..... the expiry of forty-five days from the date he has made the application to the conciliation officer of the appropriate government for conciliation of the dispute, and in receipt of such application the labour court or tribunal shall have powers and jurisdiction to adjudicate upon the dispute, as if it were a dispute referred to it by the appropriate government in accordance with the provisions of this act ..... any matter specified in the third schedule and is not likely to affect more than one hundred workmen, the appropriate government may, if it so thinks fit, make the reference to a labour court under clause (c): provided further that where the dispute relates to a public utility service and a notice under section 22 has been given, the appropriate government shall, unless it considers ..... with or relevant to the dispute to a court for inquiry; or (c) refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, if it relates to any matter specified in the second schedule, to a labour court for adjudication; or (d) refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, whether it relates to any matter specified in the second schedule or the third schedule, to a tribunal for adjudication: ..... the petitioner could not deliver the products to its customers on time due to non cooperation of the labour, the labour being absent and as such the customers of the petitioner cancelled the orders, imposed late delivery charges, .....
Tag this Judgment!Court : Karnataka
..... the expiry of forty-five days from the date he has made the application to the conciliation officer of the appropriate government for conciliation of the dispute, and in receipt of such application the labour court or tribunal shall have powers and jurisdiction to adjudicate upon the dispute, as if it were a dispute referred to it by the appropriate government in accordance with the provisions of this act ..... any matter specified in the third schedule and is not likely to affect more than one hundred workmen, the appropriate government may, if it so thinks fit, make the reference to a labour court under clause (c): provided further that where the dispute relates to a public utility service and a notice under section 22 has been given, the appropriate government shall, unless it considers ..... with or relevant to the dispute to a court for inquiry; or (c) refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, if it relates to any matter specified in the second schedule, to a labour court for adjudication; or (d) refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, whether it relates to any matter specified in the second schedule or the third schedule, to a tribunal for adjudication: ..... the petitioner could not deliver the products to its customers on time due to non cooperation of the labour, the labour being absent and as such the customers of the petitioner cancelled the orders, imposed late delivery charges, .....
Tag this Judgment!Court : Karnataka
..... the expiry of forty-five days from the date he has made the application to the conciliation officer of the appropriate government for conciliation of the dispute, and in receipt of such application the labour court or tribunal shall have powers and jurisdiction to adjudicate upon the dispute, as if it were a dispute referred to it by the appropriate government in accordance with the provisions of this act ..... any matter specified in the third schedule and is not likely to affect more than one hundred workmen, the appropriate government may, if it so thinks fit, make the reference to a labour court under clause (c): provided further that where the dispute relates to a public utility service and a notice under section 22 has been given, the appropriate government shall, unless it considers ..... with or relevant to the dispute to a court for inquiry; or (c) refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, if it relates to any matter specified in the second schedule, to a labour court for adjudication; or (d) refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, whether it relates to any matter specified in the second schedule or the third schedule, to a tribunal for adjudication: ..... the petitioner could not deliver the products to its customers on time due to non cooperation of the labour, the labour being absent and as such the customers of the petitioner cancelled the orders, imposed late delivery charges, .....
Tag this Judgment!Court : Karnataka
..... the expiry of forty-five days from the date he has made the application to the conciliation officer of the appropriate government for conciliation of the dispute, and in receipt of such application the labour court or tribunal shall have powers and jurisdiction to adjudicate upon the dispute, as if it were a dispute referred to it by the appropriate government in accordance with the provisions of this act ..... any matter specified in the third schedule and is not likely to affect more than one hundred workmen, the appropriate government may, if it so thinks fit, make the reference to a labour court under clause (c): provided further that where the dispute relates to a public utility service and a notice under section 22 has been given, the appropriate government shall, unless it considers ..... with or relevant to the dispute to a court for inquiry; or (c) refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, if it relates to any matter specified in the second schedule, to a labour court for adjudication; or (d) refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, whether it relates to any matter specified in the second schedule or the third schedule, to a tribunal for adjudication: ..... the petitioner could not deliver the products to its customers on time due to non cooperation of the labour, the labour being absent and as such the customers of the petitioner cancelled the orders, imposed late delivery charges, .....
Tag this Judgment!Court : Karnataka
..... the expiry of forty-five days from the date he has made the application to the conciliation officer of the appropriate government for conciliation of the dispute, and in receipt of such application the labour court or tribunal shall have powers and jurisdiction to adjudicate upon the dispute, as if it were a dispute referred to it by the appropriate government in accordance with the provisions of this act ..... any matter specified in the third schedule and is not likely to affect more than one hundred workmen, the appropriate government may, if it so thinks fit, make the reference to a labour court under clause (c): provided further that where the dispute relates to a public utility service and a notice under section 22 has been given, the appropriate government shall, unless it considers ..... with or relevant to the dispute to a court for inquiry; or (c) refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, if it relates to any matter specified in the second schedule, to a labour court for adjudication; or (d) refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, whether it relates to any matter specified in the second schedule or the third schedule, to a tribunal for adjudication: ..... the petitioner could not deliver the products to its customers on time due to non cooperation of the labour, the labour being absent and as such the customers of the petitioner cancelled the orders, imposed late delivery charges, .....
Tag this Judgment!Court : Karnataka
..... the expiry of forty-five days from the date he has made the application to the conciliation officer of the appropriate government for conciliation of the dispute, and in receipt of such application the labour court or tribunal shall have powers and jurisdiction to adjudicate upon the dispute, as if it were a dispute referred to it by the appropriate government in accordance with the provisions of this act ..... any matter specified in the third schedule and is not likely to affect more than one hundred workmen, the appropriate government may, if it so thinks fit, make the reference to a labour court under clause (c): provided further that where the dispute relates to a public utility service and a notice under section 22 has been given, the appropriate government shall, unless it considers ..... with or relevant to the dispute to a court for inquiry; or (c) refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, if it relates to any matter specified in the second schedule, to a labour court for adjudication; or (d) refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, whether it relates to any matter specified in the second schedule or the third schedule, to a tribunal for adjudication: ..... the petitioner could not deliver the products to its customers on time due to non cooperation of the labour, the labour being absent and as such the customers of the petitioner cancelled the orders, imposed late delivery charges, .....
Tag this Judgment!Court : Karnataka
..... the expiry of forty-five days from the date he has made the application to the conciliation officer of the appropriate government for conciliation of the dispute, and in receipt of such application the labour court or tribunal shall have powers and jurisdiction to adjudicate upon the dispute, as if it were a dispute referred to it by the appropriate government in accordance with the provisions of this act ..... any matter specified in the third schedule and is not likely to affect more than one hundred workmen, the appropriate government may, if it so thinks fit, make the reference to a labour court under clause (c): provided further that where the dispute relates to a public utility service and a notice under section 22 has been given, the appropriate government shall, unless it considers ..... with or relevant to the dispute to a court for inquiry; or (c) refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, if it relates to any matter specified in the second schedule, to a labour court for adjudication; or (d) refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, whether it relates to any matter specified in the second schedule or the third schedule, to a tribunal for adjudication: ..... the petitioner could not deliver the products to its customers on time due to non cooperation of the labour, the labour being absent and as such the customers of the petitioner cancelled the orders, imposed late delivery charges, .....
Tag this Judgment!Court : Karnataka
..... the expiry of forty-five days from the date he has made the application to the conciliation officer of the appropriate government for conciliation of the dispute, and in receipt of such application the labour court or tribunal shall have powers and jurisdiction to adjudicate upon the dispute, as if it were a dispute referred to it by the appropriate government in accordance with the provisions of this act ..... any matter specified in the third schedule and is not likely to affect more than one hundred workmen, the appropriate government may, if it so thinks fit, make the reference to a labour court under clause (c): provided further that where the dispute relates to a public utility service and a notice under section 22 has been given, the appropriate government shall, unless it considers ..... with or relevant to the dispute to a court for inquiry; or (c) refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, if it relates to any matter specified in the second schedule, to a labour court for adjudication; or (d) refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, whether it relates to any matter specified in the second schedule or the third schedule, to a tribunal for adjudication: ..... the petitioner could not deliver the products to its customers on time due to non cooperation of the labour, the labour being absent and as such the customers of the petitioner cancelled the orders, imposed late delivery charges, .....
Tag this Judgment!Court : Karnataka
..... the expiry of forty-five days from the date he has made the application to the conciliation officer of the appropriate government for conciliation of the dispute, and in receipt of such application the labour court or tribunal shall have powers and jurisdiction to adjudicate upon the dispute, as if it were a dispute referred to it by the appropriate government in accordance with the provisions of this act ..... any matter specified in the third schedule and is not likely to affect more than one hundred workmen, the appropriate government may, if it so thinks fit, make the reference to a labour court under clause (c): provided further that where the dispute relates to a public utility service and a notice under section 22 has been given, the appropriate government shall, unless it considers ..... with or relevant to the dispute to a court for inquiry; or (c) refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, if it relates to any matter specified in the second schedule, to a labour court for adjudication; or (d) refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, whether it relates to any matter specified in the second schedule or the third schedule, to a tribunal for adjudication: ..... the petitioner could not deliver the products to its customers on time due to non cooperation of the labour, the labour being absent and as such the customers of the petitioner cancelled the orders, imposed late delivery charges, .....
Tag this Judgment!